EEO makes faulty decision...

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magusat999

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My local EEO government made a decision in a case where I was accused by a(subordinate) of gender harassment. At the time I was Acting in a Higher class and the person who filed the claim was angry because the former boss, who was her lover had been fired - but was unfairly prepping her to take his place. This did not work out for her, so she went on a mission to attack me. This person was supposed to be under my authority, but MY BOSS kept waffling and interfering with that - allowing her to perform duties that conflicted with mine, while at the same time telling me that I am her boss and I have all the authority over the department. My boss and the recently fired head of my department were friends, btw.

There were a lot of crazy incidents, and events brought into the case, but everything brought against me did not stand, except for one thing. They said I committed gender harassment because some guy who worked in our garage told my boss that I asked him if he had a relationship with the lady who made the complaint - something that I denied. His statement was that I asked him if he ad seen my boss, he said he has been gone - probably shacking up with his new girlfriend. He says that I asked him "Who do you mean - (complaniants name here)?". That could not stand on it's own (hearsay and even so it was a question, not a statement?), so the EEO investigator dug up a complaint report I made to a regulatory council, pointing out the romantic relationship and subsequent unfair treatment of the former boss and the complainiant. In her final decision, she said that I made this report and sent it out so the what the guy in the garage said must be true.

I am flabberghasted because one has nothing to do with the other. The report wa based upon facts, which can be substantiated by evidence and witnesses. The conversation that she link to it is pure air . My report was a process that my employer encourages - reporting violations - how can she use that to "prove" I would spread a rumor to some garage guy?

This investigator had it out for me from the beginning, making comments about my size and telling me that I could not be threatened by some "demure woman"; telling me her office has a 98% rate of successful harassment complaints; telling me that the office is blameless and there's nothing I can do about their decisions; not disclosing the charges to me clearly enough so that I could address them; and finally dragging up that letter and using it without asking me to clarify it. I have already seen this investigator aggressively go after another (male) co-worker, using inapplicable testimony to make a decision against him - so I knew she was out for blood. She didn't ask me one question about the report - if she did I could have shown her how different it was from spreading a rumor. And it was obvious that during her investigation she found out that the complainient was indeed having an affair with our former boss, because she did not go after me about the report itself. Furthermore, even if the garage guy's statement was true - how is asking him a clarifying question about a statement he made considered "spreading a rumor", even after his own testimony his answer was "No it isn't her, its someone who doesn't work here."?

Now that the decision is in, what are my options? I know that there is a process whereby a person can ask for redetermination of decision, appeal or new investigation - but does that apply to me, or only the complainiant? What other measures can be utilized when there are errors in an investigation?
 
My local EEO government made a decision in a case where I was accused by a(subordinate) of gender harassment. At the time I was Acting in a Higher class and the person who filed the claim was angry because the former boss, who was her lover had been fired - but was unfairly prepping her to take his place. This did not work out for her, so she went on a mission to attack me. This person was supposed to be under my authority, but MY BOSS kept waffling and interfering with that - allowing her to perform duties that conflicted with mine, while at the same time telling me that I am her boss and I have all the authority over the department. My boss and the recently fired head of my department were friends, btw.

There were a lot of crazy incidents, and events brought into the case, but everything brought against me did not stand, except for one thing. They said I committed gender harassment because some guy who worked in our garage told my boss that I asked him if he had a relationship with the lady who made the complaint - something that I denied. His statement was that I asked him if he ad seen my boss, he said he has been gone - probably shacking up with his new girlfriend. He says that I asked him "Who do you mean - (complaniants name here)?". That could not stand on it's own (hearsay and even so it was a question, not a statement?), so the EEO investigator dug up a complaint report I made to a regulatory council, pointing out the romantic relationship and subsequent unfair treatment of the former boss and the complainiant. In her final decision, she said that I made this report and sent it out so the what the guy in the garage said must be true.

I am flabberghasted because one has nothing to do with the other. The report wa based upon facts, which can be substantiated by evidence and witnesses. The conversation that she link to it is pure air . My report was a process that my employer encourages - reporting violations - how can she use that to "prove" I would spread a rumor to some garage guy?

This investigator had it out for me from the beginning, making comments about my size and telling me that I could not be threatened by some "demure woman"; telling me her office has a 98% rate of successful harassment complaints; telling me that the office is blameless and there's nothing I can do about their decisions; not disclosing the charges to me clearly enough so that I could address them; and finally dragging up that letter and using it without asking me to clarify it. I have already seen this investigator aggressively go after another (male) co-worker, using inapplicable testimony to make a decision against him - so I knew she was out for blood. She didn't ask me one question about the report - if she did I could have shown her how different it was from spreading a rumor. And it was obvious that during her investigation she found out that the complainient was indeed having an affair with our former boss, because she did not go after me about the report itself. Furthermore, even if the garage guy's statement was true - how is asking him a clarifying question about a statement he made considered "spreading a rumor", even after his own testimony his answer was "No it isn't her, its someone who doesn't work here."?

Now that the decision is in, what are my options? I know that there is a process whereby a person can ask for redetermination of decision, appeal or new investigation - but does that apply to me, or only the complainiant? What other measures can be utilized when there are errors in an investigation?


How did the adjudication affect you?

What did you lose?

You didn't say what you lost.

If you lost nothing, you don't need a remedy.

Even if you lost something, your immediate recourse would be to file an appeal.

Otherwise, you could speak with an attorney.
 
How did the adjudication affect you?

What did you lose?

You didn't say what you lost.

If you lost nothing, you don't need a remedy.

Even if you lost something, your immediate recourse would be to file an appeal.

Otherwise, you could speak with an attorney.

I received the letter from the EEO yesterday, and Monday is a holiday so I haven't been able to do anything yet, except plan my next move.

What I stand to lose is my official reputation, and be disciplined anywhere from a warning to termination. The person mentioned as my current boss has a high level in my organization, and has disliked me for a long time - I am confident that he will be going for the maximum penalty regardless of the fact that I have been a model employee up to this situation.

The EEO is recommending discipline and that will be handed to my Human Resources, my human Resources may hand it off to the boss I mentioned or perform it themselves - who knows. there will be a skelly hearing - but I cannot skelly the decision that sent it to HR in the first place. the fact that the EEO sent it to HR will force them to do something even if they disagree, in order to avoid penalization from the EEO. (When I say EEO, it isn't the state, its actually a local agency tied into our Human Resources department).
 
I received the letter from the EEO yesterday, and Monday is a holiday so I haven't been able to do anything yet, except plan my next move.

What I stand to lose is my official reputation, and be disciplined anywhere from a warning to termination. The person mentioned as my current boss has a high level in my organization, and has disliked me for a long time - I am confident that he will be going for the maximum penalty regardless of the fact that I have been a model employee up to this situation.

The EEO is recommending discipline and that will be handed to my Human Resources, my human Resources may hand it off to the boss I mentioned or perform it themselves - who knows. there will be a skelly hearing - but I cannot skelly the decision that sent it to HR in the first place. the fact that the EEO sent it to HR will force them to do something even if they disagree, in order to avoid penalization from the EEO. (When I say EEO, it isn't the state, its actually a local agency tied into our Human Resources department).

Until and unless an adverse action occurs, you have no case.

Things may not be as dire as you think them to be.

Even if an adverse action is taken, you'd have to exhaust any ingternal appeals.

You're right, as the accused in this matter, you may have to bring your own action in a court to seek the remedies you named.

Defamation is a common law tort.

It has nothing to do with discrimination.

If your reputation and character have been defamed, you'd have to bring a civil suit to address that.

However, at the moment, everything is just speculative on your part.

You're still employed and might continue to be so employed.
 
Sorry, I misunderstood your post (admittedly, I didn't read it all as it was way too long anyway).

YOU were accused personally or your company was accused?
 
Unless your company will provide you with legal representation, you will have to get your own attorney if you are sued. This is not a do-it-yourself project.
 
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